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service not included in the subjoined classifications, nor otherwise specially provided for by the rules and regulations, may, until otherwise ordered, be excepted from the operation of the rules. [Classification omitted.]
II. Rules and Regulations for the Civil Service Promulgated-by the President 19th December, 1871, as Amended by the Executive Order, 16th April, 1872. 1. No person shall be admitted to any position in the civil service within the appointment of the President or the heads of Departments who is not a citizen of the United States; who shall not have furnished satisfactory evidence in regard to character, health, and age; and who shall not have passed a satisfactory examination in speaking, reading, and writing the English language.
2. An advisory board of suitable persons to be employed by the President under the ninth section of the act of March 3, 1871, entitled "An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1872, and for other purposes," shall, so far as practicable, group the positions .in each branch of the civil service according to the character of the duties to be performed, and shall grade each group from lowest to highest for the purpose of promotion within the group. Admission to the civil service shall always be to the lowest grade of any group j and to such positions as cannot be grouped or graded, admission shall be determined as provided for the lowest grade.
3. A vacancy occurring in the lowest grade of any group of offices shall be filled, after due public notice, from all applicants who shall present themselves, and who shall have furnished the evidence and satisfied the preliminary examination already mentioned, and who shall have passed a public competitive examination to test knowledge, ability, and special qualifications lor the performance of the duties of the office. The board conducting such competitive examination shall prepare, under the supervision of the advisory board, a list of the names of the applicants, in the order of their excellence, as proved by such examination, beginning with the highest j and shall then certify to the nominating or appointing power, as the case may be, the names standing at the head of such list not exceeding three; and from the names thus certified the appointment shall be made.
4. A vacancy occurring in any grade of a group of offices, above the lowest, shall be filled by a competitive examination of applicants from the other grades of that group, and the list of names from which the appointment is to be made shall be prepared and certified as provided in the preceding rule j but if nq such applicants are found competent, the; appointment shall be made upon an examination of all applicants, conducted in accordance with the provisions for admission to the lowest grade.
5. Applicants certified as otherwise qualified for appointment as cashiers of collectors of customs, cashiers of assistant treasurers, cashiers of postmasters, superintendents of moneyorder divisions in post offices, and such other custodians of large sums of money as may hereafter be designated by the advisory board, and for whose pecuniary fidelity another officer is responsible, shall, nevertheless, not be appointed, except with the approval of such other officer.
6. Postmasters whose annual salary is less than two hundred dollars may be appointed upon the written request of applicants, with such evidence of character and fitness as shall be satisfactory to the head of the Department.
7. The appointment of all persons entering the civil service in accordance with these regulations, excepting persons appointed by the President, by and with the advice and consent of the Senate, postmasters, and persons appointed to any position in a foreign country, shall be made for a probationary term of six months, during which the conduct and capacity of such persons shall be tested; and if, at the end of said probationary term, satisfactory proofs of their fitness shall have been furnished by the board of examiners to the head of the Department in which they shall have been employed during said term, they shall be reappointed.
8. The President will designate three persons in each Department of the public service to serve as aboard of examiners, which, under the supervision of the advisory board, and under regulations to be prescribed by it, and at such times and places as it may determine, shall conduct personally, or by persons approved by the advisory board, all investigations and examinations for admission into said Departments, or for promotion therein.
9. Any person who, after long and faithful service in a Department, shall be incapacitated by mental or bodily infirmity for the efficient discharge of the duties of his position, may be appointed by the head of the Department, at his discretion, to a position of less responsibility in the same Department.
10. Nothing in these rules shall prevent the appointment of aliens to positions in the consular service, which, by reason of small compensation or of other sufficient cause, are, in the judgment of the appointing power, necessarily so filled; nor the appointment of such persons within the United States as are indispensable to a proper discharge of the duties of certain positions, but who may not be familiar with the English language or legally capable of naturalization.
11. No head of a Department, nor any subordinate officer of the Government, shall, as such officer, authorize or permit, or assist in levying, any assessment of money, for political purposes, under the form of voluntary contributions or otherwise, upon any person employed under his control, nor shall any such person pay any money so assessed.
12. The advisory board shall at any time recommend to the President such changes in these rules as it may consider necessary to secure the greater efficiency of the civil service.
13. From these rules are excepted the heads of Departments, Assistant Secretaries of Departments, Assistant Attorneys General, Assistant Postmasters General, Solicitor General, Solicitor of the Treasury, Naval Solicitor, Solicitor of Internal Revenue, Examiner of Claims in the State Department, Treasurer of the United States, Register of the Treasury, First and Second Comptrollers of the Treasury,
other heads of bureaus in the several Departments, judges of the United States courts, district attorneys, private secretary of the President, embassadors and other public ministers, Superintendent of the Coast Survey, Director of the Mint, Governors of Territories, special commissioners, special counsel, visiting and examining boards, persons appointed to positions without compensation for services, dispatch agents, and bearers of dispatches.
THE LABOR QUESTION.
The Eight-Hour Law.
Fortieth Congress—Second Session.
1868, January 6—The House passed this bill, without a division:
Be it enacted, cfcc, That eight hours shall constitute a day's work for all laborers, workmen, and mechanics now employed, or who may be hereafter employed, by or on behalf of the Government of the United States; and thatall acts and partsof acts inconsistent with this act be, and the same are hereby, repealed.
June 24—The Senate considered it, and Mr. Sherman moved to insert after the words "United States," in the fifth line, the following:
"And unless otherwise provided by law, the rate of wages paid by the United States shall be the current rate for the same labor, for the same time, at the place of employment."
Which was disagreed to—yeas 16, nays 21:
Yeas—Messrs. Cattell, Corbett, Davis, Edmunds, Ferry, Fessenden, Howard, Morgan, Morrill of Maine, Morrill of Vermont, Patterson of New Hampshire, Ross, Sherman, Sumner, Van Winkle, Williams—16.
Nays—Messrs. Buckalew, Cole, Conkling, Conness, Oragin, Dixon, DooliUle, Harlan, Hendricks, Johnson, McDonald, McCreery, Morton, Nye, Patterson of Tennessee, Pomeroy, Ramsey, Stewart, Tipton, Wade. Wilson—21.
The bill then passed—yeas 26, nays 11:
Yeas—Messrs. Buckalew, Chandler, Cole, Conness, Cragin, Dixon,DooliUle, Fowler, Harlan, Hendricks, Howard, McCreery, McDonald, Morton, Nye, Patterson of New Hampshire, Patterson of Tennessee, Ramsey. Ross, Stewart, Thayer, Tipton, Wade, Williams, Wilson, Yates—26.
Nays—Messrs. Corbett, Davis, Edmunds, Ferry, Fessenden, Morgan. Morrill of Vermont, Pomeroy, Sherman, Sumner, Van Winkle—11.
Opinion of Attorney General Hoar as to its
Effect. Attorney General's Office, Washington, April 21, 1869. Hon. A. E. Borie, Secretary of the Navy.
Sir: I have the honor to acknowledge the receipt of your letter of April 3, 1869, in which you ask my opinion upon the true meaning and effect of the act of Congress approved June 25,1868, which fixes the number of hours
constituting a day's work of laborers, workmen, and mechanics in the employment of the United States, taken in connection with the act of July 16, 1862, which provided "that section eight of an act to further promote the efficiency of the-Navy, approved December 21, 1861, be amended so as to read as follows: that the hours of labor and the rate of wages of the employes in the navy-yards shall conform, as nearly as is consistent with the public interest, with those of the private establishments in the immediate vicinity of the respective yards, to be determined by the commandants of the navy-yards, subject to the approval and revision of the Secretary of the Navy."
In reply, I have the honor to say that the whole subject was fully considered in the opinion given by my predecessor in office, Mr. Evarts, to the President, on the 25th of November, 1868, to which I beg leave to refer you, and from the conclusions of which I see no reason to differ.
In my opinion the statute of June 25, 1868, has nothing to do with the compensation to bejpaid to workmen in the navy-yards, and leaves that to be determined under the provisions of the act of July 16, 1862. The provision that eight hours shall constitute a day's labor has no tendency whatever to show whether the day's labor thus established shall be paid at a lower or higher rate than the day of ten hours' labor or at the same rate. The rate of compensation is still left by law to be determined under the rules prescribed by the statute of July 16, 1862, so as to '8 conform as nearly as is consistent with the public interest, with those of private establishments in the immediate vicinity of the respective yards, to be determined by the commandants of the navy-yards, subject to the approval and revision of the Secretary of the Navy."
If the private establishments in the neighborhood employed their hands for five hours a day only, there would obviously be no justice in reducing the wages of those employed in the navy-yards to the amount paid by the day in private establishments j and the law intended no such results. On the other hand,! find nothing in the statute which requires you to pay the same price for eight hours' labor which private establishments pay for ten or twelve, unless the amount of service or the quality of the work make the fewer hours in the navy-yards equivalent in value to the longer time hired in private establishments, or for some other reason make it consistent with the public interest.
Very'respectfully, your obedient servant, E. R. HOAR, Attorney General.
President Grant's order Respecting Wages of Labor, May 19,1869.
Whereas the act of Congress, approved June 25, 1868, constituted on and after that date eight hours a day's work for all laborers, workmen, and mechanics employed by or on behalf of the Government of the United States, and repealed all acts and parts of acts inconsistent therewith:
Now, therefore, I, Ulysses S. Grant, President of the United States, do hereby direct that from and after this date no reduction shall be made in the wages paid by the Government by^the day to such laborers, workmen, and mechanics, on account of such reduction of the hours of labor.
In testimony whereof I have hereto set my hand and caused the seal of the United States to be affixed.
Done at the city of Washington, this 19th day of May, in the year of our Lord 1869, [seal.] and of the independence of the United States the ninety-third.
U. S. Grant. By the President:
Secretary of State.
Forty-Second Congress, Second Session.
1872, March 7—Pending the deficiency appropriation bill, Mr. Dawes moved this new section:
Sec. 2. That the proper accounting officers be, and hereby are, authorized and required, in the settlement of all accounts for the services of laborers, workmen, and mechanics employed by or on behalf of the Government of the United States, between the 25th day of June, 1868, the date of the act constituting eight hours a day's work for all such laborers, workmen, and mechanics, and the 19th day of May, 1869, the date of the proclamation of the President concerning such pay, to settle and pay for the same, without reduction on account of reduction of hours of labor by said act, and a sufficient sum for said purpose is hereby appropriated out of any money in the Treasury not otherwise appropriated.
Mr. Farnsworth moved to add these words:
Provided, Thatno part of the money hereby appropriated shall be paid to any mechanics or laborers who have already been paid for eight hours' labor four fifths as much as the amount which was paid to like laborers and mechanics for ten hours' labor.
The amendment was agreed to—yeas 88,
Yeas—Messrs. Adams, Ambler, Averill, Barber, Barnum, Barry, Beatty, Biggs, Bingham, Bird, A. Blair, Braxton, Burchard, Caldwell, Carroll, Coburn, Conner, Cotton, Critcher, Crossland, Davis, Donrxan, Box, Du Bose, Duke, Eldredge, Farnsworth, Parwell, Finkelnburg, Forher, Garrett, Golladay, Hambleton,- Handley, Hanks. Harper, J. T. Harris, G. W. Hazelton, Hereford, Kerr, King, Lamison, Lewis, Maiison, McGormick, McGrew, McHenry, Mclntyre, McJunkin, McKinney, Merrick, Mitchell, Moore, Orr, Palmer, I.C.Parker, Peck, i<7. Perry, Peters, Potter, Price, Read, E. Y. Bice, J.M. Rice, Shanks, Sheldon, Slater, Slocum, Sloss, J. A. Smith, W. C. Smith, Stevens, Sutherland, Taffe, Terry, Tuthill, T.vner, Van Trump, Vaughan, Voorhees, Walden, Waldron, Warren, Wells,WiU&rd, Williams of Indiana, J. T. Wilson, Winchestet—88.
Nays — Messrs. Acker, Archer, Arthur, Banks, Bigby, G. M. Brooks, Buckley, Buffinton, Burdett, R. R. Butler, Coghlan, Conger, Creely, Dawes, Duell, Bunnell, W. D. Foster, Frye, Garfield, Getz, Haldeman, Halsey, Harmer, Havvley, Hay, Hays, J. W. Hazelton, Hill, Hoar, Holman, Hooper, Houghton, Kelley, Kellogg, Kendall, Kercham, Killinger, Lansing, Marshall, McClelland, McCrary, Mercur, Merriam, B.F. Meyers, Monroe, Morgan, L. Myers, Niblack, Packard, Packer, Pendleton, Perce, Piatt, Rainey, Randall, E. H. Roberts, Rusk, Sargent, Sawyer, Seeley, Sessions, Sherwood, Shoemaker, H. B. Smith, Snapp, Snyder, T. J. Speer, Sprague, Starkweather, Stevenson, Strong, D. Townsend, Turner, Upson, Waddell, Wakeman, Wallace, Wheeler, Whiteley, J. M. Wilson—80.
The motion, as amended, was then agreed to—yeas 117, nays 42:
Yeas—Messrs. Acker, Archer, Arthur, Banks, Barnum, Barry, Bigby, Bird, Braxton, Bright. G. M. Brooks, J. Brooks, Buckley, Buffinton, B. F. Butler, R. R. Butler, Caldwell, Carroll, Cobb, Coghlan, Comingo. Conger, Cotton, Crebs, Critcher, Davis, Dawes, Du Bose, Duell, Duke, Eldredge, Finkelnburg, Forker, C. Foster, W. D. Foster, Frye, Garrett, Getz, Qolladay, Haldeman, Halsey, Harmer, J. T. Harris, Hawley, Hay, Hays, G. W. Hazelton, J. W. Hazelton, Hill, Hoar, Holman, Hooper, Houghton, Kelley, Kellogg, Kendall, Kerr, Ketchain, Killinger, King, Lamison, Lewis, Marshall, McClelland, McCormick, McCrary, McHenry, McKinney, Mercur, Merriam, Merrick, B. F. Meyers, Mitchell, Monroe, Morgan, L. Meyers, Negley, Niblack, Packer, I. C. Parker, Pendleton, Perce, E.Perry, Piatt, Rainey, Randall, E. H. Roberts, Robinson, Rusk, Sawyer, Sheldon, Sherwood, Shoemaker, Slater, Slocum, H. B. Smith, Snapp, Snyder, T.J. Speer, Sprague, Starkweather, Stevenson, Stowell, Strong, W. Townsend, Tuthill, Twichell, Upson, Voorhees, Wakeman, Wallace, Warren, Wheeler, Whiteley, Williams of New York, J. M.Wilson, Wood—117.
Nays—Messrs. Ambler. Barber,Beatty, A. Blair, «/. G. Blair, Burchard, Creely, Crossland, Donnan, Dox, Dunnell, Farnsworth, Garfield, Hambleton, Handley, Harper, Manson, McGrew, Mclntyre, McJunkin, Orr, Palmer, Peck, Peters, Prindle, Read, E. Y. Rice, J. M. Rice, Seeley, Sessions, Shanks, J. A. Smith, W. C.Smith, Terry, Tyner, Waddell, Walden, Waldron, Willard, Williams of Indiana, J. T. Wilson, Winchester—42.
April 15—The Senate adopted, in Committee of the Whole, without a division, the following substitute, reported by the Committee on Appropriations, for the above:
That there shall be paid to the policemen, oilers, and shop-tenders who were employed at the Springfield armory, in Massachusetts, or at any other armory or Government establishment, under similar circumstances, on and after the 30th day of July, 1868, the sums respectively by which their wages were reduced by order of the War Department under the eight hour law, so called.
April 27—Mr. Morrill, of Vermont, moved
to insert the words "and all laws regulating the hours of labor are hereby repealed."
Mr. Spencer moved thatthe amendment be laid on the table; which was agreed to—yeas 24, nays 20:
Yeas—Messrs. Bayard, Boreman, Carpenter. Casserly, Cole. Cooper, Davis of West Virginia, Goldthwaite, Kellogg, Kelly, Morton, Pomeroy, Pratt, Ramsey, Ransom, Rice, Schurz, Spencer, Stevenson, Stewart, Stockton, Sumner, West, Wilson—24.
Nays—Messrs. Alcorn, Ames, Anthony, Buckingham, Caldwell, Chandler, Corbett, Edmunds, Ferry of Connecticut,' Perry of Michigan, Hamilton of Maryland, Hamilton of Texas, Hamlin, Morrill of Maine, Morrill of Vermont, Nye, Robertson, Trumbull, Vickers, Wright—20.
The Senate first refused (yeas 22, nays 24) to strike out the proviso to the House section, but afterward struck it out, withouta division, after having been reconsidered—yeas 27, nays 23:
Yeas—Messrs. Bayard, Blair, Boreman, Casserly, Conkiing, Cooper, Davis of West Virginia, Hamlin, Hill, Johnston, Kelly, Logan, Morton, Nye, Pratt, Ramsey, Ransom, Rice, Sawyer, Schurz, Spencer, Stockton, Sumner, Tipton, Trumbull, West, Wilson—27.
Nays—Messrs. Alcorn, Ames, Anthony, Buckingham, Caldwell, Chandler, Cole, Corbett, Edmunds, Ferry of Connecticut, Ferry of Michigan, Gilbert, Goldthtoaite, Hamilton of Maryland, Hamilton of Texas, Harlan, Morrill of Maine, Pomeroy, Robertson, Stevenson, Vickers, Windom, Wright—23.
And then—yeas 24, nays 25—non-concurred in the amendment reported by the Committee on Appropriations, stated above, thus concurring in the House section less the proviso.
May 6—The Senate amendment was concurred in on a division, yeas 78, nays 59, after having voted down an amendment offered by Mr. Farnsworth to add the following words:
And shall also pay those who worked ten hours as a day's work twenty per cent, in addition to the sum they have already received.
Proposed Labor Commission.
In House. 1871, December 20—The following bill passed:
That there shall be appointed by the President, by and with the advice and consent of the Senate, a commission of three persons, who shall be selected from civil life, solely with reference to their character and capacity for an honest and impartial investigation, and of whom at least one shall be practically identified with the laboring interests of the country, and who shall hold office for the period of one year from the date of their appointment, unless their duties shall have been sooner accomplished, who shall investigate the subject of the wages and hours of labor, and of the division of the joint profits of labor and capital between the laborer and the capitalist, and the social, educational, and sanitary con dition of the laboring classes of the United States, and how the same are affected by existing laws regulating commerce, finance, and currency: Provided, Thatsaid commissioners shall be appointed irrespective of political or partisan considerations, and from civil life.
Sec. 2. That said commissioners shall receive an annual salary of $5,000 each, shall be authorized to employ a clerk, and shall report'the result of their investigation to the President, to be by him transmitted to Congress.
Yeas 135, nays 36:
Yeas—Messrs. Acker, Ambler, Archer, Arthur, Banks, Barry, Beatty, Bell, Bingham, A. Blair, GL M. Brooks, Buckley, Buffinton, Burdett, Cobb, Coghlan, Conger, Cox, Crebu, Creely, Dawes, Donnan, Dox, Duell, Earnes, Finkelnburg, Forker, C. Foster, Frye, Garfield, Getz, Golladay, Goodrich, Griffith, Haldeman, Hancock, Harmer, Gr. B. Harris, Havens, Hawley, Hay, Hays, G. W. Hazelton, J. W. Hazelton, Hereford, Hemdon, Hibbard, Hill, Hoar, Holman, Houghton, Kelley, Ketcham, Killinger, King, Kinsella, Lamport, Lansing, Lowe, Lynch, Manson, Marshall, Maynard, McClelland, McCrary, McJunkin, McKee, McKinney, McNeely, Mercur, Merriam, Merrick, B. F. Meyers, Monroe, Moore, Morphis, Negley, Niblack, Packard, Packer, H. W. Parker, I. C. Parker, Pendleton, Perce, E. Perry, Porter, Prindle, Rainey, E. H. Roberts, W. R.Roberts, Robinson, J. Rogers, Rusk, Scofield, Seeley, Shanks, Sheldon, Sherwood, Shober, Shoemaker, Slocum, H. B. Smith. J. A. Smith, Snyder, R. M. Speer, T. J. Speer, Sprague, Stevens, Stevenson, Storm, Stoughton, Stowell, Swann, Sypher, Thomas, W. Townsend, Twichell, Tyner, Upson, Van Trump, Voorhees, Waddell, Wakeman, Walden, Waldron, Wallace, Walls, Washburn. Wells, Wheeler, Whiteley, Williams of Indiana, J. M. Wilson, J. T. Wilson, Wood—135.
Nays—Messrs. Adams, Barber, Bird, Braxton, Bright, Burchard, Caldwell, Campbell, F. Clarke, Comingo,Conner, Gritcher,Crosslawl, Davis, Du Bose, Eldredge, Handley, J. T.Harris, Kerr,Lewis', McCormick, Mclntyre, Palmer, Peck, Price, Read, E. F. Rice, J. M. Rice, Ritchie, Sessions, Slater, Taffe, Terry, Whitthorne, Winchester, Young—36.
1872, May 29—As in Committee of the Whole, the tax and tariff bill pending,
Mr. Sawyer moved to amend by inserting after section eleven the above sections, with an addition so that the second section, after the word "clerk" read: "at an annual salary of $1,400, and shall report the result of their investigation to the President, to be by him transmitted to Congress; and there is hereby appropriated, for the payment of said salaries, $16,400, and $1,000 in addition thereto for stationery and postage for the use of said commissioners."
Mr. Pomeroy moved to amend the amendment by striking out the words "from civil life," where they first occur in the first section; which was disagreed to.
Mr. Pomeroy moved to amend the amendment by striking out the words:
Provided, Thatsaid commissioners shall be appointed irrespective of political or partisan consideration, and from civil life,
Which was disagreed to—yeas 18, nays 35:
Yeas—Messrs. Ames, Anthony, Boreman, Caldwell, Carpenter, Chandler, Clayton, Cole, Corbett, Ferry of Michigan, Flanagan, Frelinghuysen, Hitchcock, Logan, Morrill of Maine, Nye, Pomeroy, Ramsey—18.
Nays—Messrs. Alcorn, Bayard, Blair, Cameron, Casserly, Conkiing, Cooper, Cragin, Goldthtvaite, Hamilton of Maryland, Hamilton of Texas, Hamlin, Hill, Johnston, Kelly, Lewis, Morrill of Vermont, Morton, Patterson, Pool, Robertson, Sa.ulsbury, Sawyer, Scott, Sherman, Spencer. Sprague, Stevenson^ Stockton, Tipton, Trumbull, Vickers, West, Wilson, Wright-35.
Mr. Wilson moved to strike the word '*three" from the amendment and insert "five," so as to make the commission consist of five persons; which was disagreed to.
Mr. Wilson moved to strike out "one year" and insert "two years" as the term of office of the commissioners; which, May 30, was disagreed to—ayes 9, noes 32. Mr. Wilson moved to strike out the word "classes" and insert the word "population;" which was agreed to.
Mr. Wilson moved to strike out "$1,400" and insert "$2,500;" which was agreed to.
Mr. Conkling moved to amend the amendment by striking out all of the first section thereof after the word "persons," and insert ing:
To consider and examine the various plans and methods of raising revenue, to report the best tax and tariff system they can devise, having regard to the interests of labor in its relations to capital and otherwise, and having regard also to the interests of commerce and of all classes of the American people ; and said persons shall hold office for one year from the date of their appointment. Which was agreed to—yeas 30, nays 23: Yeas—Messrs. Bayard, Buckingham, Caldwell, Chandler. Clayton, Cole, Conkling, Corbett, Edmunds, Ferry of Connecticut, Ferry of Michigan, Gilbert, Goldthwaite, Hamilton of Maryland, Hamilton of Texas, Harlan, Hill, Johnston, Kellogg, Kelly, Nye, Pomeroy, Pratt, Robertson, Saulsbury, Schurz, Stewart, Trumbull, Viehers, Windom—30.
Nays—Messrs. Alcorn, Casserly, Cooper, Cragin, Flanagan, Frelinghuysen, Howe, Morrill of Vermont, Morton, Osborn, Ramsey, Ransom, Sawyer, Scott, Sherman, Spencer, Sprague, Stevenson, Sumner, Thurman, Tipton, Wilson, Wright—23.
Mr. Robertson moved to reconsider the vote by which Mr. Conkling's amendment to the amendment was adopted; which was disagreed to—yeas 25, nays 32:
Yeas—Messrs. Alcorn, Ames, Casserly, Cragin,
Flanagan, Frelinghuysen, Hitchcock, Howe, Lewis, Morrill of Vermont, Morton, Osborn, Patterson, Pool, Ramsey, Robertson, Sawyer, Scott, Sherman, Spencer, Sprague, Sumner, Thurman, Tipton, Wilson—25.
Nays—Messrs. Bayard, Blair, Buckingham, Caldwell, Cameron, Chandler, Clayton, Cole, Conkling, Corbett, Edmunds, Ferry of Connecticut, Ferry of Michigan, Gilbert, Goldthwaite, Hamilton of Maryland, Hamilton of Texas, Johnston, Kellogg, Logan, iVbrwood.Pomeroy, Pratt, Ransom,SaulshurySch.xxt'L, Stevenson, Stewart, Trumbull, Vickers, Windom, Wright—32.
Mr. Casserly moved to amend the amendment by inserting after the word "persons" and before Mr. Conkling's amendment the words:
Who shall be selected from civil life, solely with reference to character and capacity for an intelligent, honest, and impartial investigation, irrespective of partisan considerations, and of whom at least one shall be practically identified with the laboring interests of the country, and shall have had sufficient personal experience and information in respect to the same.
Which was agreed to.
The amendment, as amended, was then disagreed to—yeas 17, nays 37:
Yeas—Messrs. Alcorn, Cameron, Clayton, Conkling, Corbett, Edmunds, Frelinghuysen, Hitchcock, Howe, Nye, Osborn, Pomeroy, Pool, Ramsey, Stewart. Sumner, Wilson—17.
Nays—Messrs. Ames, Bayard, Boreman, Buckingham. Caldwell, Casserly, Cole, Cooper, Cragin, Ferry of Connecticut, Ferry of Michigan, Flanagan, Gilbert, Goldthwaite. Hamilton of Texas, Hill, Johnston, Kelly, Logan, Morrillof Maine, Morrill of Vermont, Morton, Norwood, Patterson, Pratt, Ransom, Robertson, Schurz, Scott, Sherman, Sprague, Stevenson, Thurman, Trumbull, Vickers, Windom, Wright-37.
A subsequent attempt to reintroduce the proposition was ruled out on a question of order—the vote being yeas 18 to nays 28 on receiving it.
THE AMNESTY ACT AND THE SUPPLEMENTAL CIVIL
The Amnesty Act as Passed and Approved.
1872, May 13—Mr. Benjamin F. Butler, from the Judiciary Committee, reported the following bill, (H. R. No. 2760:)
Be it enacted, c&c., (two thirds of each House concurring therein,) That all legal and political disabilities imposed by the third section of the fourteenth article of the amendments of the Constitution of the United States are hereby removed from all persons whomsoever, except Senators and Representatives of the Thirty-Sixth and Thirty-Seventh Congress, officers in the judicial, military, and naval service of the United States, heads of Departments, and foreign ministers of the United States.
Which was passed (two thirds voting in favor thereof) on a division.
1872, May 21—The final vote was—yeas 38, nays 2:
Yeas—Messrs. Anthony, Bayard, Blair, Caldwell, Cameron, Carpenter, Casserly, Clayton, Cole, Conkling, Cooper, Corbett, Davis of West Virginia, Ferry of Michigan. Flanagan, Goldthwaite, Hamilton of Maryland, Hamlin, Hill, Johnston, Kelly, Logan, Morrill of Maine, Morrill of Vermont, Norwood, Patterson, Pool, Ransom, Hobertson, Saulsbury, Sawyer, Scott, Sprague, Stevenson, Thurman, Tipton, Trumbull. Viehers—38.
Nays—Messrs. Nye, Sumner—2.
The bill was approved May 22,1872.
This bill pending,
Mr. Spencer moved to strike out all after the enacting clause and insert Senate bill No. 5, removing political disabilities from—
First, all persons who, being members of